Who benefits? Spain, Catalan separatists dispute EU ruling

Jan 30, 2023, 5:47 PM | Updated: Jan 31, 2023, 10:29 am
FILE - Catalan leader Carles Puigdemont, left, and former Catalan Minister of Culture Lluis Puig Go...

FILE - Catalan leader Carles Puigdemont, left, and former Catalan Minister of Culture Lluis Puig Gordi, in Brussels on Jan. 24, 2018. The European Union's top court has issued a ruling that allows Spain to make another attempt to seek the extradition of a former Catalan separatist politician living in Brussels. Spain has unsuccessfully tried to get Belgium to hand over Lluís Puig since he fled Spain following an illegal 2017 secession bid for Catalonia. The Court of Justice of the EU, based in Luxembourg, now says that a EU country can only refuse to execute a European arrest warrant if a judge determines that the other member's judiciary suffers "systemic or generalized deficiencies." (AP Photo/Geert Vanden Wijngaert)

(AP Photo/Geert Vanden Wijngaert)

BARCELONA, Spain (AP) — The European Union’s top court issued a ruling Tuesday that allows Spain to make another attempt to seek the extradition of a former Catalan separatist politician living in Brussels.

But the Court of Justice of the EU introduced several caveats that do little to clarify what is to come next in a legal and diplomatic saga that is five years running and shows no sign of ending anytime soon.

Spain has unsuccessfully tried to get Belgium to hand over former Catalan government member Lluís Puig since he and ex-Catalan regional president Carles Puigdemont fled Barcelona along with other cohorts following their illegal 2017 secession bid for Spain’s Catalonia region.

The Belgian courts justified their repeated refusals by agreeing with Puig that Spain’s Supreme Court, which requested his extradition, lacked jurisdiction — instead arguing that a lower court in Catalonia should take the case — and that he would not get a fair trial.

However, the European court based in Luxembourg, in a ruling made on a request by Spain’s Supreme Court to clarify the situation, said an EU country should only refuse to execute a European Arrest Warrant issued by another member state under “exceptional” circumstances.

That would mean, the court said, that a judge would have to determine that the person to be extradited would be at risk of not receiving a fair trial due to “the systemic or generalized deficiencies in the operation of the judicial system of the issuing Member State” or “deficiencies affecting the judicial protection of an objectively identifiable group of persons to which the person concerned belongs.”

The court also said that Spain could issue a new arrest warrant for Puig.

Where the decision leaves Puig, and the precedent it could set for Puigdemont, is unclear.

Puig celebrated the decision from Brussels, saying “we will continue our fight.”

His lawyer, Gonzalo Boye, who also represents Puigdemont, has repeatedly said that their defense is founded on the claim that Spain’s judiciary is biased against Catalan separatism.

But the spokeswoman for Spain’s government, Isabel Rodríguez, said that the decision backs the position of Spain’s Supreme Court and reduces the options for Puig and Puigdemont.

“This decision appears to mean that it will make it easier for Puigdemont to finally stand before a Spanish court,” she said.

Puigdemont himself is awaiting a ruling on his immunity as an European Parliament member that is expected in the coming months.

Spain’s government issued partial pardons in 2021 to the nine leaders of the 2017 bid who did not flee and were later convicted of sedition and misuse of public funds, in an attempt by central authorities to reduce tensions with wealthy northeast Catalonia.

The left-wing government in charge in Madrid also recently reformed laws on sedition and embezzlement which had been used to prosecute the separatist leaders.

Mario Pereira, professor of law at Spain’s University of Navarra, said that the decision by the European court may be nothing more than a small win for Spanish judge Pablo Llarena, the magistrate who has led the extradition requests.

“Luxembourg has said that judge Llarena acted correctly … and that the European Union, the European Union warrant system, and Belgium’s justice failed,” Pereira said.

“But that doesn’t mean that (the Catalan separatists) have lost” since Belgium could still deny an extradition, he said.

Polls and elections in recent years show that Catalans are roughly equally divided over the secession question.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - In this July 3, 2014, file photo, the Microsoft Corp. logo is displayed outside the Microsof...
Associated Press

Microsoft adds AI tools to Office apps like Outlook, Word

Microsoft is infusing artificial intelligence tools into its Office software, including Word, Excel and Outlook emails.
3 days ago
FILE - This photo provided by the Alaska Volcano Observatory/U.S. Geological Survey shows the Tanag...
Associated Press

Alaska volcanoes now pose lower threat, after quakes slow

Diminished earthquake activity led authorities Thursday to reduce the warning levels at two volcanoes on an uninhabited island in Alaska’s Aleutian chain because of the decreased potential for eruptions.
3 days ago
A television screen displaying financial news is seen inside one of First Republic Bank's branches ...
Associated Press

Big banks create $30B rescue package for First Republic

NEW YORK (AP) — Eleven of the biggest U.S. banks Thursday announced a $30 billion rescue package for First Republic Bank in an effort to prevent it from becoming the third to fail in less than a week and head off a broader banking crisis. San Francisco-based First Republic serves a similar clientele as Signature […]
4 days ago
A pedestrian carries an umbrella while walking past a Silicon Valley Bank Private branch in San Fra...
Associated Press

Experts, banks look for ideas to stop next bank failure

The warning signs were all there. Silicon Valley Bank was expanding at a breakneck pace and pursuing wildly risky investments in the bond market. The vast majority of its deposits were uninsured by the federal government, leaving its customers exposed to a crisis.
4 days ago
FILE - Text from the ChatGPT page of the OpenAI website is shown in this photo, in New York, Feb. 2...
Associated Press

What can ChatGPT maker’s new AI model GPT-4 do?

The company behind the ChatGPT chatbot has rolled out its latest artificial intelligence model, GPT-4, in the next step for a technology that’s caught the world's attention.
4 days ago
Lumber is stored in the yard at East Coast Lumber, Tuesday, Feb. 28, 2023, in Hampstead, N.H. On We...
Christopher Rugaber, Associated Press

US wholesale inflation fell last month on lower food costs

Wholesale price increases in the United States slowed sharply last month as food and energy costs declined, a sign that inflationary pressures may be easing.
5 days ago

Sponsored Articles

SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Who benefits? Spain, Catalan separatists dispute EU ruling